Danbury taking farm owner to court

News-Times, The (Danbury, CT)

Published
7:00 pm EST, Monday, November 12, 2007

The city claims Halas Farm, a family-owned farm market with a history stretching some 80 years, illegally expanded its operation onto a property on the other side of Pembroke Road, across from its store.

In a court complaint filed Oct. 23, city officials allege the farm is using the land to store mulch, machinery and vehicles.

The land is zoned for residential use but is being used commercially, the city of Danbury claims in court documents.

Danbury zoning officers sent a cease and desist order Aug. 18, but the farm is still using the land, according to the city.

The city requested a temporary injunction to remove the mulch and machinery and a permanent injunction to prevent Halas from using the land commercially. They also want the farm to pick up the tab for the city's court costs.

Michael Halas, when apprised of the lawsuit two weeks ago by The News-Times, was surprised to learn the city was taking him to court.

"We were going to sit down and talk about this," he said.

Halas said he purchased the land across from his farm and made improvements to make a safer Pembroke Road.

In addition to running a business there, Halas and his family live on Pembroke Road, a major artery between New Fairfield and Danbury.

Halas said he flattened and cleared parts of the land to make it easier for motorists to see around a particularly challenging corner on Pembroke Road.

"Nothing had changed in 70 years. I can't tell you the amount of accidents that happened on this corner," Halas said. "If I made it a little bit safer for everyone, I feel I accomplished something. Unfortunately, the city, or the zoning officer, doesn't have the same outlook."

The farm has a long history of community service in Danbury, ranging from beautifying city land with plantings to raising money for charity.

Halas said the city took task with his farm on a similar issue about 14 years ago . The farm is a business that predates current residential zoning, and Halas said he was poised to have his main property rezoned commercial more than a decade ago.

Instead, he worked out a compromise with the city that allowed him to continue without a formal zoning change. Part of the compromise allows the farm to expand its operation to continuous land tracts, Halas said.

"They (city officials) feel because it is divided by the state highway it is not contiguous property," he said. "I think that is petty."

Halas now regrets not getting the zone change years ago. "I thought I was doing them a favor. I showed them loyalty but they're not reciprocating."

Halas also said he was supposed to sit down recently to talk with Danbury officials. Instead, they've issued cease and desist orders and now a lawsuit.

Finally, Halas said, his land-use problems stem from Dom's Garden Center, a competitor on Padanaram Road. The competitor has a history of complaining about his farm, he said.

Dominic Generali Jr., owner of Dom's Garden Center, said Halas Farm has a history of trying to expand its business onto surrounding residential properties.

"The city knows that on their own. I'm not a monitor for the city. What's right is right," Generali said. "I don't see how you can buy a residential piece of property and turn it into commercial."

Halas has until Nov. 23 to respond to the complaint filed in Danbury Superior Court, according to court documents.